It's a disaster. I get take down notices (via the services screening service) from Document and other reissue labels for the Gennett stuff I post on Soundcloud and YouTube. 99% of the time my counter notice gets it back up. The only one I lost and am still deciding if I want to take it further is a claim by Sony over a Champion Gene Autry track.
Sent from my iPhone
> On Sep 27, 2015, at 10:22 AM, John Haley <[log in to unmask]> wrote:
> I am a little confused by your discussion, Dave. If Orchard does not own
> the master tape of that 10" LP, then I don't understand what they think
> they own. No sound recording made prior to 1972 is (or ever was)
> copyrightable under US federal copyright law, and state law copyright is a
> morass of uncertainty and inconsistency that is wildly different from state
> to state. Putting aside the mechanical copyrights (ownership of the songs
> themselves, which is very different than the sound recording), all Orchard
> can own under at least federal copyright law is a copy of the record
> itself, just like you and Doug do, assuming they don't physically own the
> master tape as an asset (which is a valuable thing to own, but that is not
> a copyright issue and does not give you the right to prevent anyone from
> doing anything). A takedown notice would have to be very carefully worded
> to be accurate and would not be meaningful in most states. Since the 1951
> sound recording was not copyrighted under federal law, it also never
> reaches Public Domain. Such pre-1972 recordings get the protection of
> neither copyright nor PD. In most other places in the world, this
> recording is way into PD, with no doubts attached.
> John Haley
>> On Sep 27, 2015 9:47 AM, "Doug Pomeroy" <[log in to unmask]> wrote:
>> Hi David,
>> I have that album, in E condition, but not with that album cover.
>> It's a wonderful concert, and well recorded. Also, probably the
>> only existing recording of tenor saxophonist Gerald Brashear.
>> DOUG POMEROY
>> Audio Restoration & Mastering Services
>> 193 Baltic St Brooklyn, NY 11201-6173
>> (718) 855-2650
>> [log in to unmask]
>>> Date: Sat, 26 Sep 2015 07:13:50 -0400
>>> From: David Lewis <[log in to unmask]>
>>> Subject: Welcome to the Orchard
>>> One company name that crops up on YouTube frequently in regard to music
>>> files is Orchard Enterprises, whose copyright may be seen on
>>> releases from Sony, Documents and other labels -- it's quite ubiquitous.
>>> was curious about them, so I looked them up on NASDAQ, which
>>> "Digital Music Group, Inc. was incorporated in April 2005 to become a
>>> leading owner of digital rights to music and other sound recordings and
>>> distributor of these recordings to online music stores. Concurrently with
>>> the completion of this offering, we have agreed to acquire Digital
>>> That's where it runs out. The company link provided does not work for me.
>>> I note their copyright on a recording by Cecil Young. Young's album "A
>>> Concert of Cool Jazz" was recorded in Seattle in 1951 by Young himself
>>> and provided to Syd Nathan, who released it on King Records as its first
>>> 10" LP the following year. King discontinued making 10" LPs in 1956,
>>> and this particular album has never been offered again. Young died around
>>> 1976, and the recordings made by King belong to Gusto, which has
>>> never revived this particular recording.
>>> Orchard's copy is in poor condition and certainly does not involve any
>>> of tape. They frequently issue takedown notices to other users, as per
>>> https://en.wikipedia.org/wiki/The_Orchard_(company) My concern is that
>>> would issue a takedown notice to them when they are infringing on
>>> something in the public domain? Which I suspect the Cecil Young recording
>>> would be -- it was issued just that one time, in 1952, and was never
>>> seen again.
>>> David N. Lewis
>>> Hamilton, OH